Two former local officials have filed a complaint against the mayor of Calape, Bohol for allegedly violating environmental laws by constructing a reservoir project in a protected area without proper clearances.

John Thed G. Labajo and Madelone Y. Rengel, both former ex-officio members of the Sangguniang Bayan (municipal council) of Calape, lodged the complaint with environmental authorities against Mayor Julius Caesar F. Herrera and other unnamed government officials involved in the P10-million project.

The complaint, dated July 12, 2024, alleges that Herrera violated Section 18 of Republic Act No. 11038, which prohibits constructing any structure within a protected area without prior clearance from the Protected Area Management Board (PAMB) and a permit from the Department of Environment and Natural Resources (DENR).

According to the complainants, construction of the Pangangan Reservoir and Piping Connection project began in April or May 2024 within the premises of Kinabag-an Elementary School on Pangangan Island, which is designated as a protected area.

“Based on our knowledge, until today, no Environmental Compliance Certificate (ECC) and PAMB Clearance were secured prior to implementation of the said project,” Labajo and Rengel said in their complaint. “Thus, the act of pursuing the construction in the absence of the clearances is without a doubt illegal.”

The complaint was addressed to Jose Cleo Cary F. Colis, the Provincial Environment and Natural Resources Officer (PENRO) for Bohol, and Glicerita C. Racho, the Officer-in-Charge of the Community Environment and Natural Resources Office (CENRO) in Bohol.

The complainants provided a timeline of events leading up to the alleged violation:

On February 27, 2023, Mayor Herrera sent a letter to the Sangguniang Bayan requesting authorization to enter into a Memorandum of Understanding with the provincial government of Bohol for the reservoir project.

On March 8, 2023, the Sangguniang Bayan approved Resolution No. 2023-67, which authorized the mayor to sign the MOU. 

However, the resolution included a provision stating “that a PAMB clearance must be secured before the implementation of the project.”

Construction reportedly began in April or May 2024 without the required clearances.

The complainants attached photos of the ongoing construction taken in June 2024, as well as resolutions from the barangay councils of Magtongtong and Madangog related to the project.

When questioned by the Sangguniang Bayan, Municipal Engineer Rinus Pegi allegedly confirmed that no PAMB clearance or Environmental Compliance Certificate had been secured before the issuance of the building permit.

“Granting that application for the clearances be done now does not cure the violation that has been done already,” the complainants argued.

The project, estimated to cost PhP10 million pesos, is being funded by the provincial government of Bohol and approved by Gov. Aris Aumentado according to the complaint.

Labajo and Rengel requested that an investigation be conducted “so that the appropriate administrative and criminal charges may be filed against the above-named respondent and other concerned government officials involved in the implementation of the project as the evidence so warrant.”

The complaint was also copied to the DENR Regional Office VII and the Office of the Deputy Ombudsman for the Visayas.

Attempts to reach Mayor Herrera for comment were unsuccessful. 

The mayor’s office declined to provide a statement, citing the pending complaint.